It has become a trend that public servants will no longer be expelled if they have exceeded the standard

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 It has become a trend that public servants will no longer be expelled if they have exceeded the standard


The surging news inquiry found that previously, the family planning regulations of Guangdong, Hainan, Ningxia and other places had deleted the provision that if one exceeds his or her birth, he will be expelled.

On May 31, 2018, the decision of the Standing Committee of the peoples Congress of Guangdong Province on Amending the regulations on population and family planning of Guangdong Province was adopted and took effect from the same day. According to the family planning regulations before the amendment, public officials will be expelled if they have extra students. However, according to the revised family planning regulations, the public servants who are over birth are facing administrative sanctions.

On September 30, 2018, the decision of the Standing Committee of Hainan Provincial Peoples Congress on Amending the regulations on population and family planning in Hainan Province was adopted and will come into force on October 1, 2018. According to the latest family planning regulations, if the state personnel exceed the standard, they will no longer be expelled if they exceed the standard. Instead, they should be punished according to law.

On June 9, 2020, the 20th meeting of the Standing Committee of the 12th National Peoples Congress of Ningxia Autonomous Region voted to amend the regulations on population and family planning of Ningxia Hui Autonomous Region. In this amendment, the content of the punishment of dismissing state functionaries for over birth is deleted, and it is revised to those who belong to state functionaries shall be punished according to law.

At the same time, the law working committee of the Standing Committee of the National Peoples Congress will further strengthen the filing and review of local legislation, pay close attention to the adjustment of family planning policy, study relevant legal issues in a timely and serious manner, and put forward countermeasures and suggestions for the state to promulgate the fertility policy in line with Chinas economic and social development strategy as soon as possible and revise and improve laws and regulations.

Previously reported:

Heavy weight! Guangxi revision of family planning regulations: public officials are no longer expelled for over birth!

Recently, the Standing Committee of the peoples Congress of the Autonomous Region adopted the decision on Amending the regulations on population and family planning of Guangxi Zhuang Autonomous Region (hereinafter referred to as the revised decision), which will come into effect on September 22. According to the revised regulations, all state functionaries will no longer be expelled from their posts.

Standing Committee of the peoples Congress of Guangxi Zhuang Autonomous Region

(No. 36 of the 13th session)

On Revising the population of Guangxi Zhuang Autonomous Region

And family planning regulations

(adopted at the 18th meeting of the Standing Committee of the 13th peoples Congress of Guangxi Zhuang Autonomous Region on September 22, 2020)

The 18th meeting of the Standing Committee of the 13th peoples Congress of Guangxi Zhuang Autonomous Region decided to amend the regulations on population and family planning of Guangxi Zhuang Autonomous Region as follows:

2u3001 Article 9 is amended to read: the peoples governments at or above the county level shall, in accordance with the national economic and social development conditions of their respective administrative regions, incorporate the funds for population and family planning into the financial budgets at the corresponding levels, ensure the necessary funds required for the work of population and family planning, and gradually increase the overall level of investment in population and family planning funds.

3u3001 Urban sub district offices in Article 10, paragraph 1, Article 14, paragraph 1, Article 15, Article 17, paragraph 1, and Article 28 shall be amended as sub district offices.

4u3001 In Article 17, paragraph 1, delete within three months.

5u3001 The second item of the first paragraph of Article 19 shall be amended as follows: (2) the operation of placing and taking out intrauterine device and placing and taking out the subcutaneous implant and various medical examinations prescribed in the technical routine .

The second paragraph shall be amended to read: the funds required in the preceding paragraph are required to participate in the basic medical insurance (maternity insurance) of urban and rural residents and meet the payment scope of the fund, It shall be paid from the basic medical insurance (maternity insurance) fund of urban and rural residents; the remaining self paid part after payment, and those who have not participated in the basic medical insurance (maternity insurance) of urban and rural residents shall be arranged by the financial departments of the peoples governments at all levels in accordance with relevant provisions.

6u3001 Article 21 is amended to read: if couples of childbearing age who have undergone sterilization due to family planning need to undergo recanalization surgery, the funds required shall be paid in accordance with the channels prescribed in Article 19 of these regulations.

7u3001 The first and second paragraphs of Article 32 shall be revised to read: for rural one-child households, two daughter ligation households or families with special family planning difficulties during the period when the State encourages a couple to have one child, the annual basic medical insurance expenses of urban and rural residents shall be borne by the peoples Government at the county level where the household registration is located.

If a single child family in rural areas, a family with two daughters who are born according to law, or a family with special family planning difficulties who are encouraged by the state to have one child participate in the basic endowment insurance for urban and rural residents, the basic endowment insurance premiums paid by individuals shall be paid in full or partially subsidized by the peoples government at the county level where the household registration is located.

10u3001 Article 44 shall be amended to read: if the circumstances of illegal childbirth are serious, they shall not be recruited (employed) as state functionaries.

This decision shall come into force as of the date of promulgation.

In accordance with the regulations of the peoples Republic of China and the regulations of the peoples Republic of China of the peoples Republic of China and the regulations of the peoples Republic of China of the peoples Republic of China of the peoples Republic of China and the regulations of the peoples Republic of China on population planning of.

Regulations of Guangxi Zhuang Autonomous Region on population and family planning

(adopted at the 27th meeting of the Standing Committee of the Eleventh Peoples Congress of Guangxi Zhuang Autonomous Region on March 23, 2012

Revised for the second time according to the decision on Amending the regulations on population and family planning of Guangxi Zhuang Autonomous Region at the 21st Meeting of the Standing Committee of the 12th peoples Congress of Guangxi Zhuang Autonomous Region on January 15, 2016

According to the decision on Amending the regulations on population and family planning of Guangxi Zhuang Autonomous Region at the 18th meeting of the Standing Committee of the 13th peoples Congress of Guangxi Zhuang Autonomous Region on September 22, 2020

general provisions

Chapter II Organization and Implementation

Chapter III fertility regulation

Chapter VI Management Measures

Chapter VII Legal Liability

Chapter VIII supplementary provisions

Article 1 These Regulations are formulated in accordance with the law of the peoples Republic of China on population and family planning, relevant laws and administrative regulations, and in combination with the actual situation of the autonomous region, in order to realize the coordinated development of population and economy, society, resources and environment, promote the legitimate rights and interests of citizens, and promote family happiness, national unity, economic prosperity and social harmony.

Article 2 state organs, social organizations, enterprises, institutions and other organizations within the administrative region of the autonomous region, as well as citizens with household registration or living in the administrative region of the autonomous region, shall abide by and implement these regulations.

Article 4 the peoples governments at all levels and their staff members shall strictly administer according to law and enforce the law in a civilized manner, and shall not infringe upon the legitimate rights and interests of citizens.

Administrative departments of health and health and their staff members shall be protected by law when performing their official duties according to law.

Article 5 the administrative departments of public health under the peoples governments at or above the county level shall be in charge of the work of population and family planning within their respective administrative areas.

The departments under the peoples governments at or above the county level shall be responsible for the relevant population and family planning work within the scope of their respective responsibilities.

Trade unions, Communist Youth League, womens Federation, Family Planning Association, individual workers Association, private enterprise association and other social organizations, enterprises and institutions, other organizations and citizens shall assist the local peoples Government in carrying out population and family planning work.

Radio, television, newspapers and magazines, Internet and other news media shall carry out public welfare publicity of population and family planning free of charge.

Article 6 in the work of population and family planning, the long-term mechanism of honesty and credit for family planning should be carried out, publicity and education should be given priority to, contraception should be given priority to, and regular work should be given priority to. Management according to law, village (resident) autonomy, high-quality service, policy promotion and comprehensive management should be implemented to control the population size, improve the quality of the population and improve the population structure.

Chapter II Organization and Implementation

Population development planning should include controlling population size, improving population structure, promoting reproductive health, promoting eugenics and good breeding, improving population quality, increasing investment, improving safeguard measures, improving assessment and evaluation, and promoting administration according to law.

Article 8 the peoples governments at or above the county level shall, in accordance with the population development plan, formulate and organize the implementation of population and family planning plans.

Article 10 Township Peoples governments and sub district offices shall have institutions and staff suitable for population and family planning work; village (resident) peoples committees shall have special personnel in charge of population and family planning work.

In the population and family planning work of state organs, social organizations, enterprises and institutions and other organizations, the responsibility system of the legal representative or the main person in charge shall be implemented to ensure the personnel and funds needed for the population and family planning work, and shall be subject to the supervision and management of the administrative Department of health and health.

The administrative departments of health and health under the peoples governments at or above the county level and the administrative departments for development and reform, public security, market supervision and management, human resources and social security, civil affairs, education and statistics shall provide each other with relevant population data and share population information.

Article 12 rural villagers committees and urban residents committees shall incorporate family planning work into the content of village (resident) peoples autonomy and implement various family planning systems and measures.

Article 14 those who meet one of the following conditions may have another child with the approval of the Township Peoples government or the sub district office:

uff081uff09 One of the remarried couples has given birth to two children (including adoption according to law, the same below) before remarriage, and the other party has not had children;

uff082uff09 A remarried couple who has given birth to one child before remarriage, but the other has not, and only one child has been born after remarriage;

uff083uff09 A remarried couple who has given birth to two children before remarriage and the other has given birth to one child, but has not given birth after remarriage;

uff084uff09 If a couple has two children, one of whom is confirmed as a disabled child by medical experts organized by the health administrative department of the Municipal Peoples government divided into districts and can not grow into a normal labor force and is medically considered to be able to have another child;

uff086uff09 The husband and wife have already given birth to two children who have settled in a village within five kilometers of the border line and have lived continuously for more than ten years;

If a husband and wife have only one child due to the death of their children, they may arrange to have one child on their own; if a couple has no children due to the death of their children, they may arrange to have two children on their own.

If a remarried couple has already given birth to one child before remarriage, they may arrange to have one child on their own.

If one of the husband and wife is registered in the autonomous region and the other party is registered in other provinces, autonomous regions or municipalities directly under the central government, it shall be applied in accordance with the principle of benefiting the parties concerned.

Article 15 a husband and wife who meets the provisions of the first paragraph of Article 14 of these regulations and requests to have children again shall submit a written application to the Township Peoples government or the sub district office of the place where one partys household registration is located by presenting the household register, ID card, marriage certificate and other relevant certificates of both husband and wife, and the child can be born only after the Township Peoples government or the sub district office approves the application.

The Township Peoples government or sub district office shall, within 15 working days from the date of accepting the application, make a decision on whether or not to approve the application; if the application is not approved, the reasons shall be explained in writing.

The Township Peoples government or sub district office shall, within 20 working days from the date of making the approval decision, report to the administrative department of health and health of the peoples government at the county level for the record.

Chapter IV family planning technical services

Article 16 health and civil affairs departments shall, in accordance with their respective functions and duties, popularize scientific knowledge of eugenics and eugenics, reproductive health, contraception and birth control, establish and improve the intervention service system for birth defects such as pre marital medical examination, pre pregnancy examination and maternal health care, so as to prevent and reduce the occurrence of birth defects and improve the quality of the birth population.

For those who suffer from diseases that are not suitable for childbearing, medical suggestions for the implementation of contraception and birth control measures shall be put forward; for those who are pregnant, medical suggestions for termination of pregnancy shall be put forward.

Article 17 couples who have children in accordance with the provisions of Article 13 or the second and third paragraphs of Article 14 of these Regulations shall, before or after childbirth, register with the Township Peoples government or neighborhood office in the place where one partys household registration is located or the current residence, and receive the family planning service manual free of charge.

Couples who meet the requirements of the first paragraph of Article 14 of these Regulations shall receive the family planning service manual free of charge at the same time of receiving the reproductive certificate.

Article 18. In carrying out family planning, citizens shall adhere to contraception as the main principle and enjoy the right to know and choose contraceptive methods. The technical service personnel shall guide citizens implementing family planning to choose safe, effective and appropriate contraceptive measures.

The family planning technical services and contraceptives provided to citizens shall be safe and effective and meet the quality and technical standards set by the state.

Article 19 institutions engaged in family planning technical services shall provide free family planning technical services of the following basic items for couples of child-bearing age as stipulated by the state:

uff081uff09 Monitoring of pregnancy and environmental conditions;

uff082uff09 The technique of removing and placing intrauterine device and the regulations of removing and placing intrauterine device;

uff084uff09 Tubal ligation, vasectomy and other medical examinations required by technical routine;

uff085uff09 Diagnosis and treatment of complications of family planning operation.

The funds required in the preceding paragraph are required to participate in the basic medical insurance (maternity insurance) of urban and rural residents and meet the payment scope of the fund, It shall be paid from the basic medical insurance (maternity insurance) fund of urban and rural residents; the remaining self paid part after payment, and those who have not participated in the basic medical insurance (maternity insurance) of urban and rural residents shall be arranged by the financial departments of the peoples governments at all levels in accordance with relevant provisions.

Article 20 the administrative department of health shall do a good job in the organization, supply, distribution and management of family planning drugs and appliances, and cooperate with the administrative departments of market supervision and management, medical security and other administrative departments in the supervision and control of the operation of family planning drugs and appliances.

Article 21 If a husband and wife of childbearing age who underwent sterilization due to family planning need to undergo recanalization surgery, the funds required shall be paid in accordance with the channels specified in Article 19 of these regulations.

Article 22 medical accidents occurred in family planning technical services shall be dealt with in accordance with the relevant provisions of the state.

Article 23 the peoples governments at or above the county level shall support and encourage family planning scientific research institutions and relevant units undertaking family planning scientific research and technical services to carry out basic research, application research and popularization of new family planning technologies and new medicines.

Chapter V reward and social security

Article 24 during the period when the State encourages a couple to give birth to one child, families who should enjoy the policies of family planning rewards, preferential treatment, support and assistance shall continue to enjoy the benefits.

The peoples governments at or above the county level shall implement various family planning incentive, preferential treatment, support and assistance policies.

Article 25 in addition to the holidays prescribed by the state, the wifes wife shall increase the maternity leave by 50 days and the males nursing leave by 25 days. Wages, allowances, subsidies and bonus during the vacation period shall not be deducted by the work unit.

The maternity allowance during maternity leave shall be paid according to the relevant provisions of maternity insurance; for those who do not participate in maternity insurance, they shall be paid by the unit with reference to the maternity insurance standard.

Article 26 the minimum living security fund for families who have received the certificate of honor for parents of only child and enjoy the minimum living security treatment shall be increased by one grade; if the family has reached the highest level, it shall be increased by 10% of the highest standard.

Article 27 If an employee undergoes birth control surgery, his / her work unit shall, on the strength of the birth control operation certificate, give him / her leave in accordance with the relevant provisions; the wages, allowances, subsidies, bonus and other welfare benefits during the leave period shall not be deducted.

Article 28 If, during the period when the State encourages a couple to give birth to only one child for life, they shall, upon application by themselves and with the approval of the Township Peoples government and sub district offices, issue a certificate of honor for parents of one child and, in accordance with relevant regulations, issue health care fees to the only child until the child reaches the age of 18.

Article 29 If a husband and wife who has given birth to a child in accordance with the provisions of laws and regulations has difficulties in raising a baby after the expiration of the maternity leave period, he / she shall file an application and, with the consent of the unit to which he / she belongs, be entitled to breast-feeding leave of six to twelve months; during the period of breast-feeding leave, 80% of his / her total wages, allowances and subsidies shall be approved and issued; the employees who enjoy breast-feeding leave shall not affect the promotion, wage adjustment and calculation working years.

Article 31 When an employee who implements family planning during the period when a couple has one child is advocated by the state to retire, an additional pension shall be issued according to the following provisions, and the additional pension shall not exceed the total amount of his original salary:

uff082uff09 For employees who meet the conditions for giving birth to a second child and have only one child, the method for awarding the pension shall be separately formulated by the peoples Government of the autonomous region.

For urban residents who do not enjoy the reward mentioned in the preceding paragraph, if they have only one child in their lifetime and have received the certificate of honor for parents of only child, when the male reaches 60 years old and the female reaches 55 years old, the reward shall be paid each month according to 5% of the average monthly standard of the basic pension for enterprise retirees in the whole region in the previous year.

Article 32 the basic medical insurance expenses of urban and rural residents paid annually by the peoples government at the county level shall be borne by the peoples government at the county level at the place where the household registration is located, for the rural only child household, the family with double daughter ligation and the family with special family planning difficulties during the period when a couple has one child.

If a single child family in rural areas, a family with two daughters who are born according to law or a family with special difficulties in family planning participate in the basic endowment insurance for urban and rural residents during the period when the State encourages a couple to give birth to one child, the basic endowment insurance premiums paid by individuals for urban and rural residents shall be paid in full or partially subsidized by the peoples government at the county level where the household registration is located.

Article 34 Personnel engaged in population and family planning work who have obtained the family planning worker honorary certificate issued by the State shall be given one-time material rewards by the unit to which they belong.

Chapter VI Management Measures

Article 35 The administrative departments of public health under the peoples governments at or above the county level shall, when performing their duties of supervision and inspection, have the right to take the following measures:

uff081uff09 Request the party concerned to provide the proof materials related to family planning;

uff082uff09 Collect evidence materials related to illegal family planning activities from relevant units;

uff084uff09 The party concerned shall be ordered to correct the illegal act of family planning.

Article 37 If one of the following circumstances is difficult to identify, the administrative department of health and health may require the party concerned to make a paternity appraisal:

uff082uff09 Having children by evading laws and regulations;

In case of illegal childbirth, the appraisal fee shall be borne by the party concerned.

Chapter VII Legal Liability

Article 39 If any of the following acts is committed, the administrative department of health and health of the peoples government at the county level shall collect social maintenance fees according to law; if a state functionary is a state functionary, he shall also be given disciplinary sanctions according to law, and other personnel shall also be given disciplinary sanctions by the unit or organization to which he belongs:

uff081uff09 Giving birth to children that do not meet the requirements prescribed in these regulations;

uff083uff09 Giving birth to children outside marriage;

uff084uff09 Having children out of wedlock.

Article 40 those who meet the conditions for reproduction as stipulated in the first paragraph of Article 14 of these regulations and give birth to children without applying for a reproductive certificate shall be fined not less than 500 yuan but not more than 1000 yuan by the administrative department of health under the peoples government at the county level.

Article 41 the use of ultrasound technology and other technical means for fetal sex identification or sex selective termination of pregnancy shall be handled in accordance with the provisions of Guangxi Zhuang Autonomous Region on prohibiting non-medical sex identification of fetus and selective termination of pregnancy by other workers.

Article 43 anyone who commits one of the following acts shall be criticized, educated and stopped by the administrative department of health and health of the peoples government at the county level; if the act constitutes a violation of the administration of public security, he shall be punished for public security administration according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:

uff081uff09 Refusing or hindering population and family planning personnel from performing their official duties or gathering people to disturb the work order of state organs;

uff082uff09 Insulting, slandering, retaliating against population and family planning workers or deliberately destroying their property, thus seriously interfering with the normal life and production of their families;

uff083uff09 Maltreating a woman who has given birth to a baby girl or a woman who does not give birth;

uff084uff09 Other activities that undermine family planning.

Article 44 If the circumstances of illegal childbirth are serious, they shall not be recruited (employed) as state functionaries.

uff081uff09 Infringing upon citizens personal rights, property rights and other legitimate rights and interests;

uff082uff09 Abuse of power, dereliction of duty, favoritism and malpractice;

uff084uff09 Intercepting, withholding, misappropriating or embezzling family planning funds or social maintenance fees;

uff085uff09 Falsifying, concealing, falsifying, altering or refusing to report population and family planning statistics.

Chapter VIII supplementary provisions

According to reports, because the family planning policy is still in the state of constant adjustment, this revision is based on the principle of what can be changed but not changed, and try not to change to ensure the stability and continuity of the implementation of population and family planning policy in Guangxi.

In order to facilitate the masses to handle the birth registration, the amendment decision deleted the birth registration period of within three months after childbirth. As for the procedure of birth registration, the revised regulations make it clear that couples who can have their own children according to law can register with one partys household register, ID card, marriage certificate and other relevant documents before or after childbirth to register at the local peoples government or sub district office where one partys household registration is located or where the current residence is, and get the family planning service manual free of charge.

The revised decision also revised the restriction conditions for illegal childbearing persons to be employed as state functionaries, deleted the original restriction period that illegal childbirth is not allowed to be employed as state functionaries within seven years from the date of the completion of the processing decision if the illegal childbirth is serious, it shall not be registered (employed) for state work Personnel .

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In many places, public officials will be expelled if they are no longer overstaffed